Seventh Circuit Rejects The Department Of Labor's (Current) Interpretation Of "Clothes" Under The FLSA And When The Continuous Workday Begins

Under FLSA section 203(o), time spent “changing clothes or washing at the beginning or end of each workday” is excluded from compensable time if it is treated as non-work time by a collective bargaining agreement.  Accordingly, to determine whether the exemption applies, courts often have to decide whether certain items, such as protective boots and aprons, are “clothes” under the FLSA. 

In June 2010, the Department of Labor (“DOL”) issued an Administrator’s Interpretation addressing the definition of “clothes.”  The DOL concluded that the exception for changing “clothes” does not include protective gear, i.e., changing into and out of protective equipment is compensable. 

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